Birdie Buddies Childcare Program Waiver and Release of Liability​

Acknowledgment of Risk and Release of Liability

This waiver and release of liability is a legally binding document. By signing, you, the parent or legal guardian of the Participant named above, acknowledge and agree to the terms outlined below as a condition of your child’s participation in the Birdie Buddies program.

1. Assumption of Risk

I understand and acknowledge that participation in the Birdie Buddies daycare program involves various activities, including golf-related exercises, outdoor play, and physical engagement, which carry inherent risks. These risks may include but are not limited to:

• Physical injury from the use of golf clubs, balls, and other equipment.

• Injuries from tripping, falling, or collisions with other participants or objects.

• Allergic reactions, illnesses, or other health-related incidents.

• Exposure to weather conditions, such as heat, cold or wind.

I acknowledge that these risks may arise from my child’s actions, the actions of other participants, or the negligence of the Released Parties (as defined below). By enrolling my child in this program, I voluntarily assume all such risks and responsibilities.

2. Waiver of Liability and Indemnification

In consideration of my child’s participation in the Birdie Buddies daycare program, I agree to:

1. Release and Discharge:

   • I release Birdie Buddies, its owners, operators, employees, instructors, volunteers, agents, affiliates, sponsors, and contractors (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action for injuries, illnesses, damages, or losses that may occur as a result of my child’s participation in the program, including those caused by the negligence of the Released Parties.

2. Indemnify and Hold Harmless:

   • I agree to indemnify and hold harmless the Released Parties from any claims, damages, losses, costs, or expenses (including attorney fees) that may arise from my child’s participation in the program or any breach of this waiver.

3. No Liability for Third-Party Actions:

   • I understand that Birdie Buddies is not responsible for injuries or damages caused by the actions or negligence of third parties, including other participants.

3. Medical Authorization and Emergency Care

I understand that the Birdie Buddies staff are not medical professionals and are not responsible for providing medical care. In the event of a medical emergency involving my child, I authorize Birdie Buddies to:

• Seek emergency medical treatment deemed necessary for the health and safety of my child.

• Contact emergency medical services (EMS) or transport my child to the nearest medical facility.

I agree to assume full financial responsibility for any medical expenses incurred as a result of emergency treatment or care.

4. Safety and Program Rules

I acknowledge that Birdie Buddies has established safety rules and program guidelines to protect the health and well-being of all participants. I agree to instruct my child to comply with these rules.

I understand and agree that:

• Failure to adhere to program rules may result in my child’s removal from the program without refund.

• Birdie Buddies reserves the right to remove participants from the program for behavioral or safety concerns at their sole discretion.

5. Allergies, Medications, and Special Needs

I agree to provide Birdie Buddies with a complete and accurate list of any known allergies, medications, medical conditions, or special needs that may affect my child during the program.

I understand that:

• Birdie Buddies is not responsible for allergic reactions or medical incidents unless gross negligence can be demonstrated.

• It is my responsibility to provide any necessary medications, instructions, or equipment (e.g., EpiPen) for my child.

6. Photo and Media Release (Optional)

☐ I give permission
☐ I do not give permission

for Birdie Buddies to photograph or record my child during program activities for promotional purposes, including but not limited to use on websites, social media, and marketing materials. I understand that no identifying information will be used without additional consent.

7. Refund and Cancellation Policy

I acknowledge that:

• Program fees are non-refundable except in cases where Birdie Buddies cancels the program.

• NO REFUND, NO EXCEPTION after the first class.

• Refunds will not be issued for missed sessions, early withdrawal, or removal due to non-compliance with program rules.

8. Governing Law and Arbitration

This waiver shall be governed by and construed in accordance with the laws of the State of Texas.

Binding Arbitration: Any dispute, claim, or controversy arising out of or related to this agreement or my child’s participation in the Birdie Buddies program shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Parker County, Texas.

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9. Texas Civil Practices and Remedies Code § 75.002 Warning

Under Texas law (Chapter 75 of the Texas Civil Practice and Remedies Code), a recreational program provider is not liable for injuries or damages arising from the inherent risks of recreational activities if the provider complies with applicable safety standards.

10. Severability Clause

If any provision of this waiver is found to be invalid, unenforceable, or illegal, the remaining provisions shall remain in full force and effect.

Acknowledgment of Understanding

I acknowledge that I have read, understood, and voluntarily agreed to the terms and conditions outlined in this waiver. I understand that signing this document affects my legal rights and that I am waiving certain claims against the Released Parties.

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By signing below, I certify that I am the parent or legal guardian of the Participant and have the legal authority to enter into this agreement.

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